Lok Sabha Speaker Om Birla has said any fresh notice seeking the removal of Chief Election Commissioner Gyanesh Kumar will be examined under established parliamentary rules and procedures, amid opposition protests over the Election Commission’s handling of electoral roll revisions.
“If any fresh notice comes, we will see and examine it accordingly under rules and procedures,” Birla told reporters on Thursday, responding to a question about the possibility of another motion against the poll panel chief.
The remarks come as opposition parties intensify their campaign against Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls. The opposition has demanded his removal, accusing him of exercising the Election Commission’s powers in an arbitrary manner. These allegations have not been established through the removal process.
Opposition’s Earlier Removal Notices
Opposition parties have made two attempts to initiate proceedings against Kumar. Notices submitted during the first attempt were rejected by both the Lok Sabha and the Rajya Sabha in April. Notices submitted during the second attempt remain pending in the Rajya Sabha, according to reports.
The opposition’s campaign has intensified following allegations about the conduct of the SIR exercise. Protests demanding Kumar’s resignation have taken place in different parts of the country over the past fortnight.
Birla’s statement does not indicate that a fresh notice has been formally submitted or that any new removal proceedings have been admitted. Any further action will depend on the submission of a notice and its consideration under the applicable parliamentary procedures.
How the CEC Can Be Removed
The Constitution provides the Chief Election Commissioner with protection against removal similar to that enjoyed by a Supreme Court judge. The CEC can be removed only through a special parliamentary process on grounds of proved misbehaviour or incapacity.
Under the procedure prescribed by law, once a removal motion is admitted, a three-member committee is constituted to investigate the charges. It comprises the Chief Justice of India or a Supreme Court judge, a chief justice of a high court and a distinguished jurist.
If the committee finds the allegations unsubstantiated, the proceedings cannot advance on that basis. If it finds the charges established, Parliament can consider the motion.
Removal requires each House to pass an address supporting it by a majority of its total membership and by at least two-thirds of members present and voting, with both Houses adopting the address in the same session.
Birla’s latest remarks leave open the possibility of further proceedings if the opposition submits another notice. Any such move would have to meet the applicable procedural and constitutional requirements before it could advance.